Document Type

Working Paper

Publication Date

2-11-2009

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Public Choice & Political Economy eJournals; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; ERN Subject Matter eJournals; Financial Economics Network; Labor eJournals; Management Research Network

Abstract

Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose The authors write against a background of recent attacks on affirmative action in higher education which raise the prospect that the diversity rationale that universities had relied on to justify raceconscious admissions policies may no longer be constitutional Recognizing this possibility the authors offer remediationmaking amends for past misbehavioras an alternative basis for maintaining raceconscious programs in higher education In particular the authors argue that historical and recent racial discrimination in states such as California provides sufficient justification for adjusting admissions and hiring practices so that affected minority groups are placed in the status quo ante that is the position they would have been in had the discrimination not taken place

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